Browsed by
Category: First Amendment

The Doctor Will Speak to You Now: Judge Shubb Enjoins the Medical Boards’ “Covid Misinformation” Policy in Kory v. Bonta

The Doctor Will Speak to You Now: Judge Shubb Enjoins the Medical Boards’ “Covid Misinformation” Policy in Kory v. Bonta

Comments 4 comments

On Monday afternoon, we had oral argument in Pierre Kory et al. v. Rob Bonta et al, our second Covid misinformation case before Eastern District Court Judge William B. Shubb. If you have been following the case in my blog or in CHD’s The Defender, you are familiar with the journey, and it has been a tough slog. Last evening, August 5th, Judge Shubb enjoined the Medical Board of California and the Osteopathic Medical Board from investigating, prosecuting, accusing, or…

Read More Read More

Cert Denied in Stockton v. Brown, BUT WE’RE NOT DONE

Cert Denied in Stockton v. Brown, BUT WE’RE NOT DONE

Comments 0 Comment

On Monday, May 4, the Supreme Court denied cert in Stockton v. Brown. No dissent. The mainstream coverage missed most of the story. A week before the Supreme Court conferenced the case in mid-April, the Washington Medical Commission withdrew the Statements of Charges against the two named physician petitioners, Drs. Richard Eggleston and Thomas Siler. On April 13, the Washington Solicitor General’s office filed a Rule 15.8 letter advising the Court of the withdrawals and representing that the Commission “intends…

Read More Read More

No Decision Yet in Kory v. Bonta—But Here’s My Best Guess (or Wishful Thinking) about the What’s Coming

No Decision Yet in Kory v. Bonta—But Here’s My Best Guess (or Wishful Thinking) about the What’s Coming

Comments 0 Comment

Still no word from the Supreme Court on Kory v. Bonta. To recap: we filed for certiorari after the Ninth Circuit affirmed Judge Shubb’s denial of a preliminary injunction and upheld his determination—joined by two of the three appellate judges—that the plaintiffs lacked standing. After we filed the cert petition, the California Attorney General’s office waived its right to respond. However, the Court ordered a response anyway. That’s significant—it means at least one Justice thought it worth hearing how the…

Read More Read More

Kory v. Bonta Is in the Justices’ Hands—Now We Wait

Kory v. Bonta Is in the Justices’ Hands—Now We Wait

Comments 0 Comment

Our reply brief in Kory v. Bonta was filed yesterday. Here it is. Petitioners Reply Brief Here are the other briefs, opening brief, 24-KoryPetition brief in opposition, oppositionbrief and the amicus filed by Simone Gold and her group, (thanks Simone!) AFD-Kory Amici Brief-4-16-2025 (1) The case should be submitted to the justices for cert consideration starting today. The term ends the end of June, so we will get an answer before the term ends. But since the last scheduled conference…

Read More Read More

News on the Kory Cert Petition Front

News on the Kory Cert Petition Front

Comments 0 Comment

Things are moving quickly with our petition which was docketed at the Supreme Court on February 27th. Thereafter, the AG’s office filed a waiver of their right to respond to the petition. Shortly thereafter, the petition set for conference on March 28th, which seems very quick. However, today, apparently after review of the petition, the Court requested that the AG submit an response to be filed by April 16th. Ell, they at least think there is enough merit that they…

Read More Read More

Hot off the Press: The Kory v. Bonta Petition at the Supremes has just been Docketed

Hot off the Press: The Kory v. Bonta Petition at the Supremes has just been Docketed

Comments 0 Comment

I just received word that our petition for certiorari on Kory v Bonta has been docketed. here it is: 24-KoryPetition. I think it came out pretty good. But I am missing my former co-counsel on the case, but he’s already doing great work in his new gig. These petitions are a super long shot usually. I intend to stir things up to dramatically increase the odds. Stay Tuned for the next update tomorrow. You’ll like it. Rick Jaffe, Esq.

The Stockton appeal is now ready for May’s Oral Argument, and What’s Next

The Stockton appeal is now ready for May’s Oral Argument, and What’s Next

Comments 2 comments

Our reply brief in Stockton v. Ferguson has been filed. For anyone interested in getting into the weeds, here it is (along with the AG’s brief in opposition which is what the reply brief responds to. Stocktonrelpyfilestamped. OPPOSINGBRIEF Oral argument is set for the week of May 12th in San Francisco. That gives me some breathing room, and like many, now that our guy is in place, we can all start focusing on how we can help from the outside…

Read More Read More

Can Uncle Sam Pull the Plug on Pharma’s $7.6 Billion Media Megaphone? Maybe or Maybe not, but it’s worth the fight

Can Uncle Sam Pull the Plug on Pharma’s $7.6 Billion Media Megaphone? Maybe or Maybe not, but it’s worth the fight

Comments 0 Comment

One of the things the new administration may try to do is eliminate Pharma advertising in the media. Like many, I think Pharma’s advertising has adversely impacted the public dialogue and public health. More bluntly, the media is Pharma’s paid shill and mouthpiece, and it has hurt the country. More specifically, the media’s megaphone for Pharma is one of the reasons that on just about every important health metric, we are in the middle or bottom half of first world…

Read More Read More

No Stone Unturned in John Stockton v. Robert Ferguson: An Update

No Stone Unturned in John Stockton v. Robert Ferguson: An Update

Comments 4 comments

Here’s the short of the case: We filed in Washington state federal court to stop the Washington Medical Commission from investigating and sanctioning physicians for speaking out against the mainstream Covid narrative. We claimed the right of physicians to speak out in public, and also the right of individuals like lead Plaintiff/basketball legend John Stockton to hear the speech of physicians like his friend and his podcast guest, Richard Eggleston MD, who is currently being prosecuted by the Commission. The…

Read More Read More

Judge Shubb Denies the Preliminary Injunction in Kory v. Bonta, but the battle continues

Judge Shubb Denies the Preliminary Injunction in Kory v. Bonta, but the battle continues

Comments 1 comment

Yesterday, April 23, 2024, Judge Shubb denied our motion for a preliminary injunction in Kory v. Bonta. The case, as you will recall, was a follow-up to the Hoang and Hoeg cases challenging AB 2098, where in January 23, 2023, Judge Shubb granted a preliminary injunction baring enforcement of the law. The judge recently dismissed both of those cases after the 9th Circuit dismissed the two other AB 2098 cases on mootness grounds, because the legislature repealed AB 2098 (Section…

Read More Read More